902 resultados para Jurisprudence - Law and language
Resumo:
This dissertation articulates the basic aims and achievements of education. It recognizes language as central to thinking, and philosophy and education as belonging profoundly to one another. The first step is to show that although philosophy can no longer claim to dictate the foundations of knowledge or of disciplines of inquiry, it still offers an exceptionally general level of self-understanding. Education is equally general and faces a similar crisis of self-identity, of coming to terms with reality. Language is the medium of thought and the repository of historical mind; so a child’s acquisition of language is her acquisition of rational freedom. This marks a metaphysical change: no longer merely an animal, she comes to exercise her powers of rationality, transcending her environment by seeking and expressing reasons for thinking and doing. She can think about herself in relation to the universe, hence philosophize and educate others in turn. The discussion then turns to the historical nature of language. The thinking already embedded in language always anticipates further questioning. Etymology serves as a model for philosophical understanding, and demonstrates how philosophy can continue to yield insights that are fundamental, but not foundational, to human life. The etymologies of some basic educational concepts disclose education as a leading out and into the midst of Being. The philosophical approach developed in previous chapters applies to the very idea of an educational aim. Discussion concerning the substantiality of educational ideals results in an impasse: one side recommends an open-ended understanding of education’s aims; the other insists on a definitive account. However, educational ideals exhibit a conceptual duality: the fundamental achievements of education, such as rational freedom, are real; but how we should understand them remains an open question. The penultimate chapter investigates philosophical thinking as the fulfillment of rational freedom, whose creative insights can profoundly transform our everyday activities. That this transformative self-understanding is without end suggests the basic aims of education are unheimlich. The dissertation concludes with speculative reflection on the shape and nature of language, and with the suggestion that through education reality awakens to itself.
Resumo:
Default invariance is the idea that default does not change at any scale of law and finance. Default is a conserved quantity in a universe where fundamental principles of law and finance operate. It exists at the micro-level as part of the fundamental structure of every financial transaction, and at the macro- level, as a fixed critical point within the relatively stable phases of the law and finance cycle. A key point is that default is equivalent to maximizing uncertainty at the micro-level and at the macro-level, is equivalent to the phase transition where unbearable fluctuations occur in all forms of risk transformation, including maturity, liquidity and credit. As such, default invariance is the glue that links the micro and macro structures of law and finance. In this essay, we apply naïve category theory (NCT), a type of mapping logic, to these types of phenomena. The purpose of using NCT is to introduce a rigorous (but simple) mathematical methodology to law and finance discourse and to show that these types of structural considerations are of prime practical importance and significance to law and finance practitioners. These mappings imply a number of novel areas of investigation. From the micro- structure, three macro-approximations are implied. These approximations form the core analytical framework which we will use to examine the phenomena and hypothesize rules governing law and finance. Our observations from these approximations are grouped into five findings. While the entirety of the five findings can be encapsulated by the three approximations, since the intended audience of this paper is the non-specialist in law, finance and category theory, for ease of access we will illustrate the use of the mappings with relatively common concepts drawn from law and finance, focusing especially on financial contracts, derivatives, Shadow Banking, credit rating agencies and credit crises.
Resumo:
Women have been historically underrepresented in political institutions and it has been claimed that it is difficult for women to succeed in the masculinist cultures that exist in political contexts. The ‘new’ devolved institutions of the UK offer opportunities to investigate gender inequality in political contexts which have a greater proportion of women members; that have included women from their inception; and that have been designed with egalitarian issues to the fore. Here, ethnographic and discourse analytic data is used to assess a senior woman’s performance in the National Assembly for Wales; to explore politicians’ appraisal of this performance; and to analyse the breakdown of the debate floor in terms of ‘rule-breaking’ activities such as barracking. In this Community of Practice the individual’s performance draws upon communicative styles that are both stereotypically masculine (adversarial) and feminine (consensual), which can be viewed as an indication of the speaker’s competence. However, this is undermined by the speaker’s failure to adopt the correct linguistic practices for this CoP which leads to the breakdown of the formal debate discourse. Assembly Members appraise this failure negatively while also drawing upon stereotypical notions of gendered communicative norms and wider discourses of gender differentiation.
Resumo:
This paper investigates the extent to which the negative evaluation of one of the women Ministers in the Northern Ireland Assembly can be attributed to gender. Interviews with politicians as well as the Minister herself illuminate this discussion by identifying the ‘gendered discourses’ that are drawn upon when describing the Minister’s communicative style in debates. Close analyses of transcripts of debates offer a description of some elements of this style, and find that while the Minister is confrontational in debates and ‘stands her ground’, she does not take part in illegal interventions that disrupt the debate floor and are characteristic of the Assembly as a whole. Although the construction of the Minister’s unpopularity can be attributed to a complex interplay of factors, it can be concluded that it is partly the way she draws on gendered linguistic resources that leads her to be negatively judged by her peers.
Resumo:
Gender, Power and Political Speech explores the influence of gender on political speech by analyzing the performances of three female party leaders who took part in televised debates during the 2015 UK General Election campaign. The analysis considers similarities and differences between the women and their male colleagues, as well as between the women themselves; it also discusses the way gender - and its relationship to language - was taken up as an issue in media coverage of the campaign.
Resumo:
This paper examines the interrelationship between law and lifestyle sports, viewed through the lens of parkour. We argue that the literature relating to legal approaches to lifestyle sport is currently underdeveloped and so seek to partially fill this lacuna. Hitherto, we argue, the law has been viewed as a largely negative presence, seen particularly in terms of the ways in which counter-cultural activities are policed and regulated, and where such activities are viewed as transgressive or undesirable. We argue that this is a somewhat unsophisticated take on how the law can operate, with law constructed as an outcome of constraints to behaviour (where the law authorises or prohibits), distinct from the legal contexts, environments and spaces in which these relationships occur. We argue that the distinctive settings in which lifestyle sports are practiced needs a more fine-grained analysis as they are settings which bear, and bring to life, laws and regulations that shape how space is to be experienced. We examine specifically the interrelationship between risk and benefit and how the law recognises issues of social utility or value, particularly within the context of lifestyle sport. We seek to move from user-centred constructions of law as an imposition, to a more nuanced position that looks at parkour at the intersections of law, space and lifestyle sport, in order to reveal how law can be used to support and extend claims to space.
Resumo:
This article discusses the concept of right and its identification with the power to coerce, to show a reciprocity between the original contract and the right, as a manifestation of the reciprocity between moral law and freedom, as Kant states in its Second Critique. The demonstration of this view will allow a republican stance evident in the legal and political thought of Kant, since the right of a people can only exist while the town itself is unified to enact.